Man convicted of setting up friend to be killed is denied new trial

Matthew Hendricks, convicted of murder in a 2007 shooting in Bethlehem,… (HARRY FISHER, THE MORNING…)

October 25, 2011|By Kevin Amerman, Of The Morning Call

An Easton man convicted of murder for setting up his friend to be gunned down has been denied a new trial by a Lehigh County judge, even though the shooter testified he acted alone.

Matthew Hendricks, 28, petitioned Lehigh County Judge James T. Anthony to vacate a jury's March verdict that found him guilty of third-degree murder after Clyde "Dough Boy" Lont told the judge he alone killed 25-year-old David Rivera in 2007 in Bethlehem.

Hendricks' attorney, Philip Lauer, sought a new trial on other issues too. Lauer claimed Anthony shouldn't have let the jury decide if Hendricks was guilty of first-degree murder — which he was not convicted of — when Lont, the shooter, pleaded guilty to third-degree murder about a week before Hendricks' trial.

Lont claimed he never spoke with Hendricks before or after the shooting, but Anthony noted that phone records show multiple calls going back and forth between the two men the night of the killing.

"I do not find the testimony of Mr. Lont to be credible, nor do I find it to be of such a nature that it would result in a different verdict if a new trial were granted," Anthony wrote.

Lont, 27, of Bethlehem came forward after pleading guilty in March to third-degree murder and conspiracy and being sentenced in April to 20 to 40 years in prison.

Hendricks was sentenced in May to 20 to 40 years in state prison.

Authorities say Hendricks and Lont conspired to kill Rivera because Rivera and Lont were embroiled in a dispute over drug money.

Authorities say Hendricks called Rivera around 10:15 p.m. on April 20, 2007, to make sure Rivera was at his ex-girlfriend's home in west Bethlehem. Chief Deputy District Attorney Jay Jenkins said Hendricks went into the home first and smoked PCP with Rivera to get him off guard before Lont eventually barged in and fired seven times.

Hendricks, who was charged two years after the killing and has a tattoo on his arm commemorating Rivera's life, insisted at his sentencing that he played no role in Rivera's death.

Lont, who refused to testify at Hendricks' trial, claims Rivera wasn't ambushed the way prosecutors said. He said he visited Rivera at the west Bethlehem home while Hendricks was there and ended up shooting Rivera after the two got into an argument.

Anthony said since Lont is serving his time, he has "nothing to lose by attempting to free the defendant — his accomplice."